RECUSAL DEFINED

"Recusal" or to "recuse" oneself means to remove oneself from participation in a decision so as avoid a conflict of interest.

No member should vote on a question in which he has a direct personal or pecuniary interest not common to other members of the organization. For example, if a motion proposes that the organization enter into a contract with a commercial firm of which a member of the organization is an officer and from which contract he would derive personal pecuniary profit, the member should abstain from voting on the motion. (Robert's Rules, 11th ed., p. 407.)

Recusal normally occurs when a director has a conflict of interest or prejudice concerning a particular matter. A
conflict of interest is any situation in which financial or other personal
considerations may unduly influence the director's judgment. This includes matters such
as a disciplinary action against the director for violating the CC&Rs or
voting on a potential contract with a company owned by a close relative of the
director.

Leave the Room.
In each case, the director has a personal interest in the outcome of the vote--an interest not shared
by other directors. In such instances, the interested director should leave the meeting room so the remaining directors can
freely discuss and vote on the issue. (California's Fair Political Practices Act, Calif. Code of Reg. §18702.5.) Once the vote is taken, the recused director may return to the
meeting.

If the interested director were to stay in the meeting, his presence could
inhibit the board's discussion and influence the vote. To avoid liability, a conflicted director must remove himself from the process of conferring and voting on matters
in which he has a personal interest.

...the disqualified member's mere presence, or knowledge
thereafter, might also subtly influence the decisions of other council
members who must maintain an ongoing relationship with him. ... The attorney, as well
as the other council members, might not feel as free to disclose
everything necessary when a "biased" public official were present. The
council members and attorney might feel similarly inhibited where they
are aware that a "biased" council member can later obtain a tape
recording of the attorney-council discussion. The town might thus be
denied effective assistance of counsel. (Hamilton v. Los Gatos.)

Refuses
to Leave. If the interested
director does not leave voluntarily, the board can ask him to leave. If
he refuses to leave, the board can adjourn the meeting to another location
where they can hold the discussion and vote without interference by the interested director.
Under those circumstances, the board might also consider a vote of censure against the director for his refusal to
recuse himself.

Other. For more information on the importance of avoiding ethics conflicts, see Ethics v. Carrigan.